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2001 Supreme(Ker) 451

S.S.M.QUADRI, S.N.PHUKAN
Umashanker – Appellant
Versus
State of Chhattisgarh – Respondent


Judgment :-

1. Leave granted.

2. The convict, in session trial No. 26 of 1991 on the file of the learned sixth Additional Sessions Judge,

Bilaspur, under S.489-B and 489-C of the Indian Penal Code (for short, 'IPC') who was sentenced to three years' rigorous imprisonment on each count, is in appeal from the judgment of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 39 of 1992, allowing it in part on November 11, 1999. The High Court upheld the conviction but reduced the sentence from three years' rigorous imprisonment to two years' rigorous imprisonment under S.489-B and one year's rigorous imprisonment under S.489-C.

3. Heard Mr. Pramod Swarup, the learned counsel appearing with Mr. Praveen Swarup, advocate-on¬record for the appellant and Ms. Gitanjali Mohan, the learned counsel appearing with Mr. Prakash Shrivastava, Advocate-on record for the respondent-State .

4. The gravamen of the charge against the appellant is that on May 25,1990 at about 10 p.m. having purchased one kilo gram of mango costing Rs. 5/- he paid a fake currency-note of Rs. 100/- to PW4 who doubted its genuineness. She showed it to PWs. 2 and 7 who also said that it was a fake currency-note. He










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